Communication from the President's Chancellery
The President's office stated that the decision of Andrzej Duda is related “with an effort to illegally remove the National Prosecutor Dariusz Barski and an illegal effort to identify a fresh acting National Prosecutor‘. Meanwhile, on the website of the National Prosecutor's Office, where there are inactive persons from the broadcast of Zbigniew Ziobry, there is simply a communication on the Constitutional Court's decision which, on Monday afternoon, "issued a provisional provision" on the matter.
‘In connection with an effort to illegally remove the National Prosecutor Dariusz Barski from his position and an illegal effort to identify a fresh acting National Prosecutor, the president of the Republic of Poland, Andrzej Duda, on 15 January 2024, applied to the Constitutional Court to settle a jurisdictional dispute between the president of the Republic of Poland and the president of the Council of Ministers and the lawyer General“ We read on the President’s Chancellery website.
It was besides explained why the president made specified a decision on what legal basis:
‘Pursuant to Article 86(1) of the Act of 30 November 2016 on the organisation and procedure of proceedings before the Constitutional Tribunal (Journal of Laws of 2019 item 2393), the beginning of proceedings in the case of a competency dispute results in the suspension of proceedings before authorities which hold a competency dispute“ – concluded.
Prosecution message
According to the prosecution's communication, the Constitutional Court "decided to prohibit actions and activities which constitute the exercise of the powers, tasks and powers of the National Prosecutor by the individual appointed to execute the duties of the National Prosecutor without a legal basis‘.
‘The Constitutional Tribunal ordered the implementation of the above measures pending the final decision on the constitutional complaint to examine the compatibility of Article 47(1) and (2) of the Act of 28 January 2016 Provisions introducing the Act — Prosecution Law in conjunction with Article 19(3) of the Act of 9 October 2009 on the amendment of the Act on the Prosecutor and certain another acts understood as meaning that the Prosecutor remaining on the date of entry into force of the Act of 28 January 2016 Provisions introducing the Act — Law on the Attorney's Retired State, may return to service at his request for the last post or position equivalent only within 2 months of the entry into force of the Act, i.e. from 4 March 2016 to 4 May 2016 with Article 60 in conjunction with Article 31(3) of the Constitution“ – stated.
Prime Minister's Appeal
Yesterday, Andrzej Duda met Donald Tuski in connection with the Prime Minister's departure to Kiev. After the meeting, the president stated that on the substance of the National Prosecutor's Office "He appealed to the Prime Minister to reconstruct the legal situation‘. – Not only with the bill, but besides with the constitution, due to the fact that we both have competences. The lawyer General should ask him to dismiss the National Attorney, and the Prime Minister should ask me to consent. – he maintained.
The president is very curious in the fact that the Ziobrists inactive have quite a few influence in the prosecutor's office, now he hopes for the support of the Constitutional Court, whose fresh parliamentary majority does not recognise, due to the fact that there are judges-dublers and erstwhile politicians of the Law and Justices: Krystyna Pawłowicz or Stanisław Piotrowicz.
– Poland does not have a Constitutional Court, has a building which has been occupied by the Constitutional Court for many years – says head of the Ministry of abroad Affairs Marcin Kierwiński.
– Today Poland does not have a Constitutional Court, it has a building which has been occupied by the Constitutional Court for many years, and on this building is simply a plaque with the inscription “Constitutional Tribunal”. On the another hand, erstwhile it comes to the performance of the tasks of the Constitutional Court, specified a body does not be in Poland, it must be rebuilt, i.e., the constitutional expression of the Constitutional Court should be restored. – said the KO politician in the program “The Main Thing” on Radio Plus.
Let it be a punch line, whatever the TK decides, due to legal duality, there will be chaos in the country again.
